The disordered state of English law reporting has for long been a favoured theme of writers on the common law. The volume of printed case law, the casual nature of its publication and its variable quality have all been frequently criticized. If earlier centuries had been largely content to express intermittent displeasure, in the nineteenth century concrete solutions were found, the obvious product of this bid to achieve a rational system of law reporting being the Incorporated Council of Law Reporting (...) and its authoritative series of Law Reports. But if ultimately reform of the system was only realized once the profession seized the initiative in the middle of the nineteenth century, it would be an error to suppose that schemes for reform had not been conceived in earlier times. After all, only by a miracle could anything as blatantly haphazard as the quality of law reporting have escaped the strictures of major reformers. (shrink)

This is the text of The Lindley Lecture for 1964, given by Roderick M. Chisholm (1916-1999), an American philosopher.

Libertarianism needs a theory of class. This claim may meet with resistance among some libertarians. A few will say: “The analysis of society in terms of classes and class struggles is a specifically Marxist approach, resting on assumptions that libertarians reject. Why should we care about class?” A greater number will say: “We recognize that class theory is important, but libertarianism doesn't need such a theory, because it already has a perfectly good one.”.

We began with three propositions: that people have a right not to be treated as mere means to the ends of others, that a woman who voluntarily becomes pregnant nevertheless has the right to an abortion, and that a woman who voluntarily gives birth does not have a right to abandon her child until she finds a substitute caretaker. These propositions initially seemed inconsistent, for the prohibition on treating others as mere means appeared to rule out the possibility of positive (...) rights, thus making it impossible to countenance the right to abort or the right not to be abandoned . But we have seen that the prohibition on treating people as mere means to the ends of others is best understood as ruling out basic positive rights while permitting derivative ones. Since a willing mother is responsible for bringing her child into the world in the first place, she cannot abandon it without violating its negative right not to be killed, and so such a child has a derivative positive right not to be abandoned. A pregnant woman, on the other hand, has a negative right not to have her body invaded, and from this negative right derives a positive right to abort her fetus, so long as doing so is not disproportionate to the seriousness of the threat . Therefore, far from being in conflict, propositions , , and have been shown to be in harmony with one another, the latter two being plausibly grounded in the first. Insofar as we have reason to accept , then, we have reason to accept and . Moreover, we have seen that a proper understanding of allows us to embed and in a larger moral perspective in which the limits of compulsory altruism are firmly drawn: enforceable rights to the use or assistance of others may be allowed into the moral domain only if they are “sponsored” by some negative right. Every putative positive right must find such a sponsor, or perish. (shrink)

James Stacey Taylor, in his book Markets With Limits, argues that Jason Brennan and Peter Jaworski, in their book Markets Without Limits, systematically mischaracterize the views of the anti-commodification theorists they are critiquing, attributing to them positions (e.g., semiotic essentialism and an asymmetry thesis) that they do not hold. Further, Taylor offers an anti-commodification hypothesis of his own to explain why talented academics like Brennan and Jaworski could fall into such systematic mistakes – namely, that the intrusion of market norms (...) into academia incentivizes scholars to prioritize original arguments in prominent venues over careful fact-checking. I argue that Taylor is correct in charging that Brennan and Jaworski have gotten their opponents’ views wrong; and I show how their subsequent replies to Taylor’s criticisms have been unconvincing. I also argue, however, that Taylor may be over-hasty in identifying the likely causes of their errors. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Responsibility is often thought of as primarily a legal concept. Even when it is moral responsibility that is at issue, it is assumed that it is above all in moralities based on law-centered patterns and models that responsibility takes center stage, so that responsibility is a legal concept at its core, and is applicable to the realm of private morality only by extension and analogy.

The moral philosophy of the first half of the twentieth century, at least in the English-speaking part of the world, has been largely devoted to problems of an ontological or epistemological nature. This concentration of effort by many acute analytical minds has not produced any general agreement with respect to the solution of these problems; it seems likely, on the contrary, that the wealth of proposed solutions, each making some claim to plausibility, has resulted in greater disagreement than ever before, (...) and in some cases disagreement about issues so fundamental that certain schools of thought now find it unrewarding, if not impossible, to communicate with one another. Moral philosophers of almost all schools seem to agree, however, that no major possibility has been neglected during this period, and that every proposed solution which can be adjudged at all plausible has been examined with considerable thoroughness. It is now common practice, for example, for the authors of books on moral philosophy to introduce their own theories by what purports to be a classification and review of all \emph{possible} solutions to the basic problems of analysis; and in many cases, indeed, the primary defense of the author's own position seems to consist in the negative argument that his own position cannot fail to be correct because none of the others which he has mentioned is satisfactory. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

We first introduce the intuitive idea of a relation of grounding between facts . Then we propose a definition of this idea, based on a certain theory of the structure of facts . Finally we consider the idea of proofs of a special kind, namely proofs which follow the grounds of what is proved.

During this article, I look at three images of thought which feature in Deleuze and Guattari’s A Thousand Plateaus and consider their relevance to contemporary pedagogy. Deleuze and Guattari begin by discussing tree-like thought, which involves an insular depiction of the world. I suggest that the performative apparatus, which structures contemporary pedagogy in the comprehensive school, is also tree-like. Deleuze and Guattari’s second image of thought is the fascicular root. Here the principle root is aborted leading to a multiplicity, which (...) flows from it. With fascicular thought, the unity, which is aborted in the object, is returned to in the subject who gains control of multiplicities. In this section I provide a reading of a Classics lesson portrayed in The Secret History by Donna Tartt and go on to focus on Ronald Barnett’s contribution to a debate with Paul Standish, which features in The Blackwell Guide to the Philosophy of Education. In the third section of the article, I consider Deleuze and Guattari’s third image of thought—the rhizome. Rhizomes grow by a process of cloning or lateral spreading; they do not have the central trunk of the tree, with roots and branches extending outwards from this. At the end of this section, I look at two Classics lessons that represent tree-like and rhizomatic pedagogies in turn. I attempt to enrich this discussion by providing a reading of a scene from The History Boys. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This complete life story of David Hume, one of Scotland’s greatest thinkers, follows the Enlightenment from its early roots to its full blossoming in 18th-century Edinburgh. Using original sources, many for the first time, this biography details every aspect of the philosopher’s life—from the lukewarm reception of his now pivotal work, Treatise of Human Nature, to the fame and near excommunication brought about by his famous Essays and History. Also detailed are the stories behind his nickname, “The Great Infidel,” the (...) numerous guests seeking an invitation to dine at his table, and his lengthy intellectual involvement with a married aristocrat. This work is a well-rounded picture of the man, the century in which he lived, his famous ideas, and above all, his humanity. (shrink)

Defining technology : technology as apparatus -- Multimodal critical discourse analysis -- Analysing multimodal discourse : a toolkit approach -- Discourses of technology as progress -- Discourses of technological determinism -- Discourses of technological fetishism : (over)valuing technologies -- Discourses of technological (dis)satisfaction : consuming technologies.

This paper explores Stanley Cavell’s notion of ‘passionate utterance’, which acts as an extension of/departure from (we might read it as both) J. L. Austin’s theory of the performative. Cavell argues that Austin having made the revolutionary discovery that truth claims in language are bound up with how words perform, then gets bogged by convention when discussing what is done ‘by’ words. In failing to account for the less predictable, unconventional aspects of language, the latter therefore washes his hands of (...) the expressive passionate aspects of speech. To ignore such aspects is to ignore an important moral dimension of language. Finally, I bring Cavell’s approach to bear on the epistemic criterion, which Michael Hand applies in his paper ‘Should We Teach Homosexuality as a Controversial Issue?’. I suggest that Hand’s approach, by failing to account for the linguistic dimension of truth and the expressive quality that accompanies this dimension, presents an overly narrow conception of moral education. (shrink)

It may be seen, then, that if one was prepared to accept the existence of insulating sheaths on the nerves, all the arguments raised against the proposed identification of the nervous and electrical fluids, except one, could be answered satisfactorily. The single exception involved the question of how an electrical disturbance in the brain could be confined to a single nerve, and, as was indicated earlier, it was scarcely fair to hold this sort of objection against the electrical theory alone. (...) In that case, there remained no convincing argument to show why one should not accept the identification of the two fluids. On the other hand, of course, it remained an open question as to whether there was any convincing argument to show why one should accept the identification either. Galvani thought that his experiments provided just such an argument. (shrink)

Roderick Firth's writings on epistemology amount to an exceptionally careful and cogent defense of an account of perceptual knowledge in the tradition Firth called 'radical empiricism.' This important book collects all of Firth's major works on epistemology; it also contains his only publication in ethics, the extremely influential essay on 'Ethical Absolutism and the Ideal Observer.' In addition, the book includes a number of important previously unpublished essays. Together, these writings constitute the most finished and compelling version of traditional (...) empiricist epistemology. This book will be of value to students and scholars of epistemology, phenomenalism, and ethics. (shrink)

The past few years have brought significant breakthroughs in understanding human genetics. This knowledge has been used to develop ‘polygenic scores’ which provide probabilistic information about the development of polygenic conditions such as diabetes or schizophrenia. They are already being used in reproduction to select for embryos at lower risk of developing disease. Currently, the use of polygenic scores for embryo selection is subject to existing regulations concerning embryo testing and selection. Existing regulatory approaches include ‘disease-based' models which limit embryo (...) selection to avoiding disease characteristics, and 'laissez-faire' or 'libertarian' models, under which embryo testing and selection remain unregulated. We introduce a novel 'Welfarist Model' which limits embryo selection according to the impact of the predicted trait on well-being. We compare the strengths and weaknesses of each model as a way of regulating polygenic scores. Polygenic scores create the potential for existing embryo selection technologies to be used to select for a wider range of predicted genetically influenced characteristics including continuous traits. Indeed, polygenic scores exist to predict future intelligence, and there have been suggestions that they will be used to make predictions within the normal range in the USA in embryo selection. We examine how these three models would apply to the prediction of non-disease traits such as intelligence. The genetics of intelligence remains controversial both scientifically and ethically. This paper does not attempt to resolve these issues. However, as with many biomedical advances, an effective regulatory regime must be in place as soon as the technology is available. If there is no regulation in place, then the market effectively decides ethical issues. (shrink)

J. S. Mill's distinction between higher and lower pleasures is often thought to conflict with his commitment to psychological and ethical hedonism: if the superiority of higher pleasures is quantitative, then the higher/lower distinction is superfluous and Mill contradicts himself; if the superiority of higher pleasures is not quantitative, then Mill's hedonism is compromised.

A Lagrangian formulation is constructed for particle interpretations of quantum mechanics, a well-known example of such an interpretation being the Bohm model. The advantages of such a description are that the equations for particle motion, field evolution and conservation laws can all be deduced from a single Lagrangian density expression. The formalism presented is Lorentz invariant. This paper follows on from a previous one which was limited to the single-particle case. The present paper treats the more general case of many (...) particles in an entangled state. It is found that describing more than one particle while maintaining a relativistic description requires the specification of final boundary conditions as well as the usual initial ones, with the experimenter’s controllable choice of the final conditions thereby exerting a backwards-in-time influence. This retrocausality then allows an important theoretical step forward to be made, namely that it becomes possible to dispense with the usual, many-dimensional description in configuration space and instead revert to a description in space–time using separate, single-particle wavefunctions. (shrink)

A simple mathematical extension of quantum theory is presented. As well as opening the possibility of alternative methods of calculation, the additional formalism implies a new physical interpretation of the standard theory by providing a picture of an external reality. The new formalism, developed first for the single-particle case, has the advantage of generalizing immediately to quantum field theory and to the description of relativistic phenomena such as particle creation and annihilation.

In this article, I attempt to bring some colour to a discussion of fraught topics in education. Though the scenes and stories (from education and elsewhere) that feature here deal with racism, the discussion aims to say something to such topics more generally. The philosophers whose work I draw on here are Stanley Cavell and Judith Butler. Both Butler and Cavell develop (or depart from) J.L. Austin's theory of the performative utterance. Butler, following Derrida, argues that in concentrating on the (...) illocutionary force of utterances (their capacity to do things), Austin fails to account for the force of words themselves. The iterability of language means that words are never at one with themselves. They carry their old contexts with them as they enter into new ones. This has important consequences for ethical issues that pertain to what Butler calls the ?performativity? of gender and race. Though we are performed by language, this performance has a dynamic quality that leads to the reshaping of identity. In contrast, for Cavell, the disappointing aspect of Austin's thought relates to the latter's neglect of the perlocutionary effect of language ? what is done ?by words?. By taking on this project, Cavell embraces the unconventional aspects of language characterised by ?passionate? expression and exchange. Butler and Cavell approach the performative utterance from different directions. In the last part of this article, the significance of this difference is discussed in relation to the provision of a moral education with regard to tackling issues surrounding racism. (shrink)

In this article, I draw on historical and conceptual arguments to show, first, that disenchantment and the influential view of the relationship between science and religion to which disenchantment gives rise are rooted in the metaphysics of theism. I then introduce the alternative metaphysical position of panentheism and identify Jungian psychology as an important, if implicit, mid-twentieth-century instance of panentheistic thought. Using the example of Jungian psychology, I demonstrate how the viewpoint of panentheism undoes the implications of disenchantment for the (...) relationship between science and religion, promoting greater opportunities for dialogue and reconciliation between science and religion. I note, however, that these closer relations may depend on understanding science and religion differently from how they are understood under disenchantment. While the original tension between science and religion is eased, another tension—between panentheistic and disenchanted understandings of science and religion—is exposed. I conclude by reflecting on some implications of this discussion for sociology. (shrink)

This paper is concerned with the causally symmetric version of the familiar de Broglie–Bohm interpretation, this version allowing the spacelike nonlocality and the configuration space ontology of the original model to be avoided via the addition of retrocausality. Two different features of this alternative formulation are considered here. With regard to probabilities, it is shown that the model provides a derivation of the Born rule identical to that in Bohm’s original formulation. This derivation holds just as well for a many-particle, (...) entangled state as for a single particle. With regard to “certainties”, the description of a particle’s spin is examined within the model and it is seen that a statistical description is no longer necessary once final boundary conditions are specified in addition to the usual initial state, with the particle then possessing a definite value for every spin component at intermediate times. These values are consistent with being the components of a single, underlying spin vector. The case of a two-particle entangled spin state is also examined and it is found that, due to the retrocausal aspect, each particle possesses its own definite spin during the entanglement, independent of the other particle. In formulating this picture, it is demonstrated how such a realistic model can preserve Lorentz invariance in the face of Bell’s theorem and avoid the need for a preferred reference frame. (shrink)

Research consent processes must provide potential participants with the necessary information to help them decide if they wish to join a study. On the Oxford ‘A’ Research Ethics Committee we’ve found that current research proposals mostly provide adequate detail (even if not in an easily comprehensible format), but often fail to support decision making, a view supported by published evidence. In a previous paper, we described how consent might be structured, and here we develop the concept of an Information and (...) Decision Aid (IDA) that can support decision making and be used to guide the dialogue between researcher and potential participant. Our proposal requires limited changes to current processes or paperwork and would provide an easily accessible document for others that the potential participant might approach for advice. It could later be integrated with the Informed Consent Form to ensure all matters of concern to the individual participant have been addressed before consent is formally signed off. (shrink)

The book contains elaborate notes, two appendices, critical textual matter, a diagram of topical parallels, a bibliography, and an index.